What is Melissa’s Law ?
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Melissa’s Law, the Massachusetts habitual offender law, aims to protect public safety by keeping more of the most dangerous, repeat violent felons off the streets for longer.
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Officially Chapter 192 of the Acts of 2012, An Act relative to sentencing and improving law enforcement tools, it is a comprehensive crime law which addresses several aspects of crime and sentencing. It became effective Aug. 2, 2012.
(see summary; see full text).
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The following are the key habitual offender provisions of the law. Melissa’s Law:
Officially Chapter 192 of the Acts of 2012, An Act relative to sentencing and improving law enforcement tools, it is a comprehensive crime law which addresses several aspects of crime and sentencing. It became effective Aug. 2, 2012.
(see summary; see full text).
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The following are the key habitual offender provisions of the law. Melissa’s Law:
> establishes a list of specified violent felonies;
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> requires anyone convicted a second time of a specified violent felony to serve at least two-thirds of his sentence (up from half) before eligibility for parole;
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> requires anyone convicted three or more times of a specified violent felony (who has also served 3 or more years for his prior violent felonies) to serve the full, maximum sentence for his third or subsequent violent felony without eligibility for parole;
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> requires anyone convicted a second time of a specified violent felony to serve at least two-thirds of his sentence (up from half) before eligibility for parole;
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> requires anyone convicted three or more times of a specified violent felony (who has also served 3 or more years for his prior violent felonies) to serve the full, maximum sentence for his third or subsequent violent felony without eligibility for parole;
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> requires anyone convicted three or more times of a specified violent felony to serve his latest prison sentence consecutive to completion of any previous unserved sentence (rather than concurrently with a previous sentence);
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> allows judges to impose 15 to 25 years minimum which must be served on a single life sentence before parole eligibility (up from the current 15 years minimum);
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> requires a two-thirds vote by parole board to release anyone serving a life sentence (except first degree murderers who remain ineligible for parole);
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> requires a two-thirds vote by parole board to release anyone serving a life sentence (except first degree murderers who remain ineligible for parole);
> eliminates any parole eligibility for multiple life sentences; and
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> reduces minimum mandatory sentences for non-violent drug crimes by about 20%; also reduces school drug zones from 1000 to 300 feet (parts of the compromise).
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> reduces minimum mandatory sentences for non-violent drug crimes by about 20%; also reduces school drug zones from 1000 to 300 feet (parts of the compromise).
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Melissa’s Law does not target misdemeanors or non-violent felonies. It is aimed solely at criminals convicted three or more times of physically violent felonies against persons, including certain sex crimes against children. These violent felonies are specified in the law. It still allows judicial discretion in sentencing for the first two such offenses.
Why was Melissa’s Law enacted?
Melissa’s Bill was introduced every year since 2000, but languished for 11 years in the legislature’s Judiciary Committee which is dominated by powerful criminal defense interests.
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Public demand for Melissa’s Bill was renewed following the Christmas 2010 murder of Woburn police officer John Maguire by Dominic Cinelli, a career criminal who was free on parole despite his 74 prior violent felonies, including, three life sentences.
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Public demand for Melissa’s Bill was renewed following the Christmas 2010 murder of Woburn police officer John Maguire by Dominic Cinelli, a career criminal who was free on parole despite his 74 prior violent felonies, including, three life sentences.
The Bill was named after Melissa Gosule who was kidnapped, and brutally raped and murdered in 1999 by Michael Gentile, another violent career criminal who was released after serving only two years for his 27 prior felonies.
But the Bill wasn't just about these two cases.
40% of violent felons recidivate -- 40% of violent criminals released under the state’s liberal parole laws go on to commit more murders, rapes, armed assaults, robberies, home invasions, and other crimes. Melissa's Law addresses this systemic failure of the state's parole laws to protect the public safety from serial predators.
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Serial predators like Frank Benjamin of Brockton. First he murdered his wife, served 16 years, and was released on parole. Then he raped children, was convicted on 20 separate counts, served time, and was released again on parole. Then he severely beat and raped a woman, breaking numerous bones.
40% of violent felons recidivate -- 40% of violent criminals released under the state’s liberal parole laws go on to commit more murders, rapes, armed assaults, robberies, home invasions, and other crimes. Melissa's Law addresses this systemic failure of the state's parole laws to protect the public safety from serial predators.
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Serial predators like Frank Benjamin of Brockton. First he murdered his wife, served 16 years, and was released on parole. Then he raped children, was convicted on 20 separate counts, served time, and was released again on parole. Then he severely beat and raped a woman, breaking numerous bones.
Habitually violent offenders predictably pose the greatest risk of reoffending. Yet their repeated crimes are entirely preventable.
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Public safety, public opinion, and common sense demand that the worst of the worst be kept locked up for longer periods. The state's first duty is to protect public safety at any cost, period.
Following a 13 year effort to
win passage, the legislature gave final approval to the bill in July, 2012 by overwhelming margins. Governor Deval Patrick signed the bill into law on August 2, 2012.
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The four main sponsors of Melissa's Bill in the 2011-2012 session were:
Rep. Brad Hill (R-Ipswich),
Rep. James Dwyer (D-Woburn),
Sen. Bruce Tarr (R-Gloucester),
Sen. Steven Baddour (D-Methuen).
A total of 86 legislators were co-sponsors.
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Before 2010, the main sponsors included former state senator, now US Senator Scott Brown.
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The four main sponsors of Melissa's Bill in the 2011-2012 session were:
Rep. Brad Hill (R-Ipswich),
Rep. James Dwyer (D-Woburn),
Sen. Bruce Tarr (R-Gloucester),
Sen. Steven Baddour (D-Methuen).
A total of 86 legislators were co-sponsors.
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Before 2010, the main sponsors included former state senator, now US Senator Scott Brown.
